AA/01309/2013

• Status of case: Unreported
• Promulgation date: 13 Jun 2013
• Last updated on: 26 Nov 2013

The decision

Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: AA/01309/2013

THE IMMIGRATION ACTS

Heard at Birmingham
Determination Promulgated
on 10th June 2013
on 13th June 2013

Before

UPPER TRIBUNAL JUDGE HANSON

Between

HILINA GEBRETSADIK
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent

Representation:
For the Appellant: Mr Pipe instructed by The Birmingham Law Centre
For the Respondent: Mr Smart Senior Home Office Presenting Officer.

ERROR OF LAW FINDING AND DIRECTIONS

1. This is an appeal against a determination of First-tier Tribunal Judge Narayan who, in a determination promulgated following a hearing at Stoke on the 14th March 2013, dismissed the appeal against the direction for the appellants’ removal to Ethiopia following the rejection of his claim for asylum or any other form of international protection.

2. It was accepted that the determination is flawed by legal errors and must be set aside. Both advocates had difficulty following the reasoning in the determination and were unable to fully understand why the appeal had been dismissed. The reasons for accepting an error in the date of the translated document yet rejecting what appeared to be an identical error in relation to the word ‘trail’ was not explained and is, on the face of it, irrational. This was held to warrant no weight being placed upon an important document. The determination also contains contradictory findings.

3. Ground 7 also refers to the fact that if it was accepted the appellant had been detained and released on bail he is in breach of bail conditions. As he had been tortured in the past in detention it was necessary for the Judge to have made clear findings on whether he accepted the fact of detention and release on bail and, if so, whether this gave rise to a risk on return sufficient to breach Article 3. He did not. If detained there must be a clear finding whether it was a political detention, the reasons for the detention, and consequences for the appellant on return.

4. Mr Smart submitted that if there is to be a further hearing the finding the appellant was not at risk as a result of any association with OLF should be preserved. I rejected this as it is not possible to understand in relation to the documents what elements of the evidence the Judge accepted and those rejected. Having considered the determination as a whole I find the errors are such that no findings may be preserved and the matter will have to be determined afresh.

5. The Judge made an error of law material to the decision to dismiss the appeal. The determination is set aside. It was agreed the case shall be remitted to the First-tier Tribunal. There shall be oral evidence from two witnesses and the following directions shall apply:


DIRECTIONS

i. The appeal shall be remitted to the First-tier Tribunal to be heard by a salaried judge or panel of that tribunal nominated by RSIJ Renton on the 21st October 2013, at Sheldon Court, Birmingham. Time estimate 3 hours unless varied by RSIJ Renton.

ii. The appellant shall file and serve a consolidated, indexed, and paginated bundle containing all the evidence he intends to rely upon no later than 4.00pm 14th October 2013. Witness statements in the bundle shall stand as the evidence in chief of the maker. A skeleton argument must be included in the bundle.

iii. An Amharic interpreter is required.

iv. Any further directions relating to the conduct of the appeal shall be given by RSIJ Renton or a judge nominated by him.


Signed……………………………………………….
Upper Tribunal Judge Hanson

Dated the 12th June 2013